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2 Interim guidelines on the hazardous characteristic H12-Ecotoxic Published in September 2003 Sales no. E.03.III.D.24 ISBN : ISSN : Printed in chlorine-free cyclus paper This Publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special permission from the copyright-holder, provided that acknowledgement of the source is made. UNEP and the Secretariat of the Basel Convention would appreciate receiving a copy of any material that uses this publication as a source. No use of this publication may be made for resale or for any other commercial purpose whatsoever without prior permission in writing from UNEP. This Publication is available from: Secretariat of the Basel Convention International Environment House 15 chemin des Anémones, CH-1219 Châtelaine, Switzerland Tel. : (4122) Fax : (4122) sbc@unep.ch Web :

3 BASEL CONVENTION Interim Guidelines on the Hazardous Characteristics H12-Ecotoxic Basel Convention series/sbc No. 2003/4

4 Preface These technical guidelines are principally meant to provide guidance to countries who are building their capacity to manage hazardous wastes in an environmentally sound and efficient way and in their development of detailed procedures or waste management plan or strategy. They should not be used in isolation by the competent authorities for consenting to or rejecting a transboundary movement of hazardous waste, as they are not sufficiently comprehensive for environmentally sound management of hazardous waste and other waste as defined by the Basel Convention. In its decision V/24, the fifth meeting of the Conference of the Parties requested the Technical Working Group to finalize its work on hazardous characteristics H12-Ecotoxic, under Annex III of the Convention. The Technical Working Group at its sixteenth, seventeenth, eighteenth, nineteenth and twentieth sessions undertook, under the leadership of Denmark, to prepare and finalize the work. As its twentieth session in May 2002 the Technical Working Group adopted the document entitled Development of ecotoxicological criteria for the characterization of hazardous waste working document for the Technical Working Group (Basel Convention): Criteria for ecotoxicity of waste according to the Basel Convention, Annex III H12, Ecotoxic-Interim Guidelines (August 2002). By its decision VI/26, the Conference of the Parties at its sixth meeting in December 2002, adopted the Interim Guidelines on Hazardous Characteristics H12 (Ecotoxic). In the same decision, the Conference of the Parties invited parties to monitor the use of the Interim Guidelines, with a view to improving or updating them, as necessary. These guidelines are meant to assist countries in their efforts to ensure, as far as practicable, the environmentally sound management of the wastes subject to the Basel Convention within the national territory and are not intended to promote transboundary movements of such wastes. i

5 CONTENTS Introduction. 1 Scope and Definitions Scope of the work Definitions 3 Proposed assessment strategy. 5 References.. 7 Annex 1: Assessment procedures.. 8 Step 1: Initial assessment based on lists of hazardous and non-hazardous wastes 8 Step 2: Assessment based on the content of hazardous chemicals in the waste 8 Step 3: Ecotoxicological assessment based on tests.. 11 Annex 2: Examples. 13 iii

6 1. Introduction The present document proposes criteria for the ecotoxicological hazard of wastes. It is an aim of the Basel Convention that the management and transboundary movement of hazardous waste are consistent with the protection of human health and the environment. In terms of ecotoxicity, this means that wildlife as well as the functioning of the ecosystems should be protected against potential adverse effects caused by the generation, transport and disposal of hazardous waste. According to the Basel Convention, Annex III, the hazard characteristic H12 Ecotoxic is defined as: Substances or wastes which, if released, present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. The ecotoxicological impact of a chemical substance or waste depends on the ability of the chemical substance or waste to act toxically on organisms in the environment as well as on the exposure of these organisms Systems for classification of chemical substances as regards ecotoxicological hazard, e.g. OECD (2001), normally consider both the toxicological properties of the substances and their exposure-related properties, e.g. their potential for bioaccumulation and ability to degrade in the environment. Also, as indicated in the definition above, an ecotoxicological assessment should address acute effects (e.g. acute lethality of organisms) as well as chronic effects (e.g. reduced growth or failure of reproduction) as endpoints. In ecotoxicology, the toxic impact on biotic systems of substances or mixtures of substances is assessed by use of tests, in which organisms are exposed under controlled conditions. A range of different test systems is available, from simple short-term lethality tests with single species to enclosures with communities of organisms. Compared to the large number of chemicals used in society today, data on ecotoxicity are, however, only available for relatively few chemicals, and in most cases, these data are limited to the results of a few basic aquatic tests, e.g. for acute toxicity to fish or daphnia. Exposure-related properties such as biodegradation and bioaccumulation are important for assessment of the ecotoxicological hazard of substances as they have significant influence on the distribution of the substances between biota and environment and the ability of these substances to persist in the environment. Test results of ready degradability and potential for bioaccumulation (according to the guidelines from OECD, 1993) are often used as indicators for these properties and included in classification schemes for chemical substances (e.g. OECD 2001). It is a bearing principle in the proposed strategy that the ecotoxicological hazard of wastes is determined by its content of hazardous substances. The ecotoxicological hazard of these substances is evaluated by use of data from standardised ecotoxicological laboratory tests with organisms representing different levels in the ecosystem and/or different types of environments. These data and data on biodegradation and bioaccumulation are used to classify the ecotoxicological hazard of substances in wastes.

7 A classification of wastes should be independent of local or regional conditions. The Basel Convention aims at control of transboundary movements of hazardous wastes and the principles for evaluation should consequently be harmonised in order to facilitate the enforcement. The following areas are not included in the criteria document but will be considered in the future: Assessment of the ecotoxicological hazard of metals and metal compounds is not included at present. A Draft Guidance Document on Transformation/Dissolution of Metals and Metal Compounds in Aqueous Media is, however, currently subject to a validation exercise (OECD 2001, Annex 3). The guidance document will be considered for use in the context of hazardous waste once the recommendations from this work are available. The proposed criteria are based on the ecotoxicological properties: Toxicity, biodegradation and bioaccumulation. Other relevant endpoints, e.g. endocrine disruption and transfer via food chains, are not included because of lack of internationally accepted criteria. International criteria for classification of chemical substances are currently based on aquatic toxicity (OECD 2001) but will in future include other environmental compartments as well. Data on terrestrial toxicity of chemicals are sparse and the proposals for classification criteria for terrestrial toxicity presented elsewhere are not sufficiently validated (Torstensson & Petterson 1998). At present, it is therefore recommended not to include classification of chemicals based on terrestrial toxicity. The use of ecotoxicological test methods for the evaluation of the hazard of wastes needs to be further validated and internationally accepted before they are considered for use in this guideline. This includes methods for sampling and preparation of wastes for testing (e.g. water extracts) as well as selection of test methods representing different environmental compartments. The area is, however, rapidly progressing and should be considered in future revisions of the criteria. For this reason, this guideline is considered as an interim guideline. 2

8 2. Scope and Definitions In the development process of the proposed criteria for the hazard characteristic: H12 Ecotoxic, the TWG had a number of underlying discussions pertaining to the scope and definition of the hazard characteristic. These discussions are summarised below. 2.1 Scope of the work The scope of the work was to derive criteria for the hazard characteristic: H12 Ecotoxic in order to obtain a tool for the documentation of ecotoxicological hazard of wastes. The general application of the criteria is for evaluation of waste types, which are considered by the parties for adoption in Annex VIII or IX in the Convention. The proposed criteria are based on parameters that are generally accepted as indicators of ecotoxicological hazard, e.g. toxicity and bioaccumulation. In particular cases, the presence of a waste type in Annex VIII or IX of the Basel Convention do not, however, preclude the evaluation according to the hazard characteristics in Annex III. The criteria may thus be used in specific cases for evaluating a possible hazard of a waste indicated in these annexes, or for evaluation of specific wastes, which are not included in Annex VIII or IX. The intended use of the proposed criteria is not, however, for routine evaluation of individual wastes as the costs and time consumption will be far too high for this purpose. The daily evaluation of individual wastes is therefore conducted by use of Annexes VIII and IX. 2.2 Definitions It is important to have a common understanding of the definition of the hazard characteristic: H12 Ecotoxic before the criteria are agreed. The characteristic H12 Ecotoxic is phrased as follows: Basel Convention, Annex III, H12 Ecotoxic: Substances or wastes which, if released, present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. According to the definition, the adverse impact includes immediate or delayed adverse effects on biotic systems. In ecotoxicology, the toxicity to the individual organisms is used as an indicator of toxic impact on biotic systems whereas possible bioaccumulation is evaluated separately. These are the two endpoints normally used in ecotoxicological evaluations of chemical substances. The use of the word delayed in the definition is important as it pertains to possible long-term effects caused by substances in the waste. Thus the evaluation should include both acute and chronic effects. This also includes the possibility of long-term effects from substances that are slowly degradable. Hazard is a key word of the Basel Convention. P. Calow (1994) defines the hazard of chemicals as: 3

9 "The potential that chemicals have for causing adverse effects to humans or the ecological system depends upon their intrinsic properties, and characterizing these is sometimes known as hazard identification." According to this definition, the hazard is determined by the intrinsic properties of a substance - or a mixture of substances (e.g. wastes), for example the ecotoxicological and physico-chemical properties under the given conditions of exposure. The term hazard identification is commonly used in risk management of chemical substances and closely related to classification of hazard, e.g. a classification of wastes according to the Basel Convention. According to the definition by Peter Calow cited above, hazard identification specifies the reason for a substance being hazardous. A substance may for instance be hazardous because of a potential for carcinogenicity or an ecotoxicological property. The Basel Convention refer in the definition of 'H12 Ecotoxic' to "Substances or wastes which, if released...". The H12 definition is thus in line with the general understanding of hazard identification, i.e. the potential to cause harm if exposure takes place. International classification systems are used in countries with highly different environmental conditions and technological development levels. As classification criteria are based on the intrinsic properties, which do not take the site-specific exposure situation or the specific environmental conditions into consideration, the classification is independent of time and place and indicates the potential impact if release or exposure should take place. It thus does not refer to estimates of the likelihood of effects, which is the goal of a risk assessment. Conclusions: The Basel Convention 'H12 Ecotoxic' refers to the intrinsic hazard of the waste caused by toxic substances contained in the waste, i.e. hazard identification. This does not include an evaluation of the risk of effects, i.e. an estimate of the likelihood of effects in case toxic substances are released to the environment. Therefore, criteria for ecotoxic hazard should be based on the properties of the substances in the waste such as toxicity, degradability and ability to bioaccumulate in line with the internationally agreed classification (OECD 2001). 4

10 3. Proposed assessment strategy The proposed strategy is based on a tiered approach with the following individual assessment steps: 1. Initial assessment based on lists of hazardous and non-hazardous wastes (i.e. Basel Convention Annexes VIII and IX). 2. Assessment based on the content of hazardous chemicals in the waste. (Proposed future Step 3: Ecotoxicological assessment by use of test methods) The strategy is summarised in Figure 1. The first step of the strategy is to determine whether the hazardous properties of the waste have already been evaluated according to the Basel Convention, i.e. the waste appears in either Annex VIII or Annex IX. If the waste does not appear on either of these lists, an evaluation according to Step 2 is conducted. It should, however, be noted that, in a particular case, the presence of a waste on the lists in Annexes VIII and IX does not preclude an assessment according to Annex III. The evaluation of the ecotoxicological hazard according to Step 2 is made by use of the criteria specified in Annex 1 of this document. Step 3 is not included in the proposed criteria but should be regarded as a rapidly progressing area, which should be considered in future revisions of the criteria. In Step 3, ecotoxicological tests are used for assessment of the hazard of the waste. It is proposed to apply two levels of tests: a screening level and a comprehensive level. The methodologies need, however, further development and validation before an implementation in the H12 characteristic can be recommended. An outline of the proposed Step 3 assessment procedure is found in Annex 1 of this document. 5

11 Step 1 Assessment based on waste type Not hazardous (Annex IX) Hazardous (Annex VIII) Not on Annex VIII or IX Step 2 Assessment based on chemical compositions Levels < criteria Levels criteria Not hazardous Hazardous To be developed Step 3 Assessment based on ecotoxicological tests 3a) Screening test level 3b) Comprehensive test level Not hazardous Toxicity < criteria Toxicity criteria Hazardous Figure 1 Strategy for assessment of the ecotoxicological hazard of wastes. 6

12 4. References Calow P. (1994). Overview with observations on risk assessment and management. In P. Calow (ed): Handbook of ecotoxicology. Vol.2. Blackwell scientific publications. Council Directive 1999/45/EEC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification packaging and labelling of dangerous preparations. OECD (1993). Guidelines for testing of chemicals. OECD, Environmental Directorate, Chemicals Division, Paris, France. OECD (2001). The Harmonised Integrated Classification System for Human Health and Environmental Hazards of Chemical Substances and Mixtures. OECD Series on Testing and Assessment, No. 33. ENV/JM/MONO(2001)6. UNEP (2001). Stockholm Convention on Persistent Organic Pollutants (POP). ( Torstensson, L. & I. Pettersson (1998). Discussion Paper in Soil and Soil Compartments, Effects. Prepared for the OECD Terrestrial Effect Working Group. 7

13 Annex 1: Assessment procedures The proposed assessment strategy follows a tiered approach with two (three) steps: Step 1: Initial assessment based on lists of hazardous and non-hazardous wastes Step 1 can be regarded as common for all assessments of wastes according to the Basel Convention. It is determined if the waste type is included on the existing list of hazardous or non-hazardous wastes according to the Basel Convention, Annex VIII or IX. If it is not on either of these lists, the waste is evaluated according to Annex III, e.g. assessment of ecotoxicological hazard, H12, by use of the procedure in Step 2 (and 3). If the waste to be assessed is listed on annex VIII or IX the assessment procedures could be continued, step 2 (step 3) if it is deemed to be appropriate or necessary. Step 2: Assessment based on the hazardous content of the waste On the one hand, the assessment of the ecotoxicity of the waste is based on specific criteria for the ecotoxicological hazard of the individual substances contained in the waste and, on the other hand, it is based on de minimis limits for the content of hazardous substances in wastes. As the hazard of substances may be quite different, individual criteria and de minimis limits are defined for substances belonging to different hazard categories as specified in Table 1. The proposed hazard categories are closely related to the classification of substances for aquatic toxicity according to the recommendations from OECD (1998). It is the aim of the UNEP/Stockholm Convention on persistent organic pollutants to derive specific limit values for certain Persistent Organic Pollutants (POP) in waste (UNEP 2001). Presently, a de minimis limit for PCB has been fixed at 50 mg/kg (Basel Convention, Annex VIII). Specific criteria for POPs with a reference to the Stockholm Convention are included as an option in Table 1. De minimis limits for the content of substances belonging to the individual hazard categories are presented in Table 2. The criteria for mixtures are equivalent to the criteria for classification of chemical preparations as regards aquatic toxicity in the Harmonised Integrated Classification System (OECD 2001). 8

14 Table 1 Criteria for ecotoxicity of substances based on aquatic toxicity, resistance to biodegradation and bioaccumulation. According to OECD (2001). Substance hazard category Aquatic toxicity 1) (mg/l) Not readily biodegraded 2) Acute Class 1 LC/EC 50 1 no and no Acute Class 2 1< LC/EC no and no Acute Class 3 10< LC/EC no and no Chronic Class 1 LC/EC 50 1 yes and/or yes Chronic Class 2 1< LC/EC ) yes and/or yes Chronic Class 3 10< LC/EC ) yes and/or yes 5) Chronic Class 4 yes and yes UNEP POP Priority chemicals 6) Potential for bioaccumulation 3) 1) Acute toxicity to aquatic organisms expressed as LC 50 or EC 50, i.e. the concentration at which 50% effect (mortality, activity or inhibition) is obtained. The lowest obtained LC(EC)50 value representing acute toxicity to fish, crustaceans or micro-algae is used. 2) According to the definitions used in OECD Guidelines 301 A-E (OECD 1993). 3) Potential for bioaccumulation is normally assumed if log K ow is higher than 4 (for organic substances only) unless the experimental determined BCF < 500 (OECD 2001). 4) Unless the chronic toxicity NOECs are > 1 mg/l (OECD 2001). 5) Poorly soluble substances for which no acute toxicity is recorded at levels up to the water solubility, unless chronic NOECs are > 1 mg/l or experimentally determined BCF < 500 or evidence of rapid degradation in the environment exists. 6) The Stockholm Convention on Persistent Organic Pollutants (POPs). It should be noted that in the Stockholm Convention, the criteria for bioaccumulation are BFC = 5000 or log K ow = 5 whereas in the Harmonised Integrated Classification System developed by OECD (2001), the criteria are: BFC = 500 or log K ow = 4. This difference is due to the fact that the focus of the Stockholm Convention is high priority pollutants in contrast to the OECD system, which aims at industrial chemicals and pesticides. 9

15 Table 2 De minimis limits for hazardous substances in wastes. The waste is classified as H12: Ecotoxic if the aggregated concentrations of hazardous substances exceed any of the criteria in the table. The concentrations of substances are in percentages of the dry weight of the waste. Based on OECD (2001) Sum of substances in hazard category De minimis limits % in waste Acute Class 1 25 Acute Class 2 25 Acute Class 3 25 Chronic Class Chronic Class Chronic Class 3 25 Chronic Class 4 25 In addition to these de minimis limits, there may be specific limits for the content in waste of specific high priority substances as POPs. PCB is among the presently identified POPs. A de minimis limits for PCB has been fixed at 50 mg/kg (Basel Convention, Annex VIII). Components of a waste with toxicity well below 1 mg/l should be given specific attention. Such substances present an increased ecotoxicological hazard or increase the combined hazard of a mixture of substances. A waste that contains a highly toxic component classified as Chronic Class 1 (e.g. a pesticide) may thus be hazardous even if the content is below the de minimis limits presented in Table 2. It is therefore recommended that the concentration of highly toxic components is multiplied by an appropriate multiplying factor. The multiplying factors to be applied to these components are defined using the toxicity value, as summarised in Table 3 below. Therefore, in order to classify a waste containing Chronic Class 1 components, the classifier needs to be informed of the value of the M factor. Table 3 Multiplying factors for highly toxic components classified as Chronic Class 1. Based on OECD (2001). L(E)C 50 value Multiplying factor (M) 0.1 < L(E)C 50 = < L(E)C < L(E)C < L(E)C < L(E)C (continue in factor 10 intervals) 10

16 Evaluation of mixtures of hazardous substances Often a waste can contain several chemical components with different ecotoxicological properties and it is therefore necessary to consider the combined ecotoxicological potential of such mixtures. As a first estimate, the toxicity of the substances can be considered as additive and the concentrations (in percentages of the waste) of the individual substances belonging to the same hazard category (Acute Class 1-3 or Chronic Class 1-4) are summed up (Tables 1 and 2). A method for adding up substances belonging to different hazard categories is presented in Table 4. Substances in mixtures may, however, interact and show higher or lower toxicity than expected from addition. In case such interaction is expected, the only practical way of assessing the combined toxicity is by ecotoxicity testing (Step 3 which is still optional and has to be worked on). The criteria for mixtures presented in Table 4 are equivalent to the criteria for classification of chemical preparations as regards aquatic toxicity in OECD (2001). Table 4 De minimis limits for mixtures of hazardous substances in wastes. The waste is classified as H12: Ecotoxic if it the aggregated concentrations of hazardous substances exceed any of the criteria in the table. The concentrations of substances are in % of the dry weight of the waste. Based on OECD (2001). Sum of substances belonging to different hazard categories (100 x ΣChronic Class 1) + (10 x ΣChronic Class 2) + ΣChronic Class 3 De minimis limitl 25% For a mixture containing highly toxic substances as well as other components classified as Chronic Class 1, the approach in Table 4 should be applied using a weighted sum by multiplying the concentrations of Chronic Class 1 components by a factor instead of simply adding up the percentages. This means that the concentration of "Chronic Class 1" in the left column of Table 4 is multiplied by the appropriate multiplying factor from Table 3. Step 3: Ecotoxicological assessment based on tests Presently, further methodological development and validation is needed before an international consensus on the use of ecotoxicological test methods on waste can be reached. It is thus recommended that elaboration of specific criteria for assessment of waste by use of test methods await the recommendations from the international expert groups in CEN and ISO. The scheme for assessment of the ecotoxicity of waste by use of ecotoxicological tests should therefore be regarded as a proposal, which needs further development. It is proposed that the test strategy includes batteries of tests representing both the terrestrial and aquatic environments. Furthermore, both the tests of water extracts and the direct test of waste should be considered as they represent different exposure scenarios. It should be noted 11

17 that water extracts for toxicity testing are used here to obtain a measure of the readily available fractions of toxic substances in the waste, and unlike leachate tests, they do not simulate leaching from waste under environmental conditions. It is proposed to apply a screening and a comprehensive test level: 3a) Screening test of ecotoxicity of wastes At the screening level, an extract of the waste (in case it is a solid) or a sample of a liquid waste is tested for acute toxicity by use of a battery of aquatic and terrestrial tests. No test methods or criteria are proposed at present. The purpose of the screening is to conduct a relatively fast and cheap assessment of the ecotoxicity of the waste. If a waste show toxicity at the screening level, it will most probably also show toxicity at the comprehensive test level. 3b) Comprehensive test of ecotoxicity of wastes At the comprehensive test level, extracts and solid samples are tested for chronic toxicity by use of a battery of aquatic and terrestrial tests. Chronic tests are generally more sensitive than the tests used at the screening level. The purpose of the testing is to verify or reject an assessment result obtained at previous levels. No test methods or criteria are proposed at present. Examples of standardised relevant and internationally standardised test methods are given in Table 5. Other methods that have been validated for use on waste should be considered as candidates as well. Table 5 Examples of internationally standardised test methods for assessment of the acute and chronic toxicity of wastes. Aquatic methods Daphnia magna, 48 h, acute lethality (ISO 6341) Daphnia magna, 21 days, lethality and reproduction (ISO 10706) Algal, 72h, growth inhibition (ISO 8692) Terrestrial methods Higher plants, 14 days, germination and growth (ISO ) Earthworms, 14 days, lethality (ISO ) Collembola, lethality and reproduction (ISO 11267) Microbial processes, short-term toxicity on soil microflora, N-cycle. (OECD test guideline) 12

18 Annex 2: Examples General: In general a more severe classification for mixtures overrides a less severe classification, e.g. a classification with Chronic Class 1 overrides a classification with Chronic Class 2. As a consequence, the classification procedure is already completed if the result of the classification is Chronic Class 1. As a more severe classification than Chronic Class 1 is not possible, it is not necessary to proceed with the further classification procedure. The evaluation of the hazard of wastes in Step 2 is based on the criteria in the Tables 1, 2, 3 and 4 below. Table 1 Criteria for ecotoxicity of substances based on aquatic toxicity, resistance to biodegradation and bioaccumulation. According to OECD (1998). Substance hazard category Aquatic toxicity (mg/l) 1 Not readily biodegraded 2 Acute Class 1 LC/EC 50 1 no and no Acute Class 2 1< LC/EC no and no Acute Class 3 10< LC/EC no and no Chronic Class 1 LC/EC 50 1 yes and/or yes Chronic Class 2 1< LC/EC yes and/or yes Chronic Class 3 10< LC/EC yes and/or yes Potential for bioaccumulation 3 Chronic Class 4 Poorly soluble... 5 yes and yes UNEP POP Priority chemicals with specific de minimis limits 6 1) Acute toxicity to aquatic organisms expressed as LC 50 or EC 50, i.e. the concentration at which 50% effect (mortality, activity or inhibition) is obtained. The lowest obtained LC (EC) 50 value representing acute toxicity to fish, crustaceans or micro-algae is used. 2) According to the definitions used in OECD Guidelines 301 A-E (OECD 1993). 3) Potential for bioaccumulation is normally assumed if log K ow is higher than 4 (for organic substances only) unless the experimental determined BCF < 500 (OECD 1998). 4) Unless the chronic toxicity NOECs are > 1 mg/l (OECD 1998). 5) Poorly soluble substances for which no acute toxicity is recorded at levels up to the water solubility, unless chronic NOECs are > 1 mg/l or experimentally determined BCF < 500 or evidence of rapid degradation in the environment exists. 6) The Stockholm Convention on Persistent Organic Pollutants (POPs). Specific de minimis limits are developed for specific substances under the Stockholm Convention on POPs. It should be noted that in the Stockholm Convention, the criteria for bioaccumulation are BFC = 5000 or log K ow = 5 whereas in the Harmonised Integrated Classification System developed by OECD (2001), the criteria are: BFC = 500 or log K ow = 4. This difference is due to the fact that the focus of the Stockholm Convention is high priority pollutants in contrast to the OECD system, which aims at industrial chemicals and pesticides. 13

19 Table 2 De minimis limits for hazardous substances in wastes. The waste is classified as H12: Ecotoxic if the sum of the concentrations of the individual hazardous substances in the waste exceed any of the criteria in the table. The concentrations of substances are in percentages of the dry weight of the waste. Sum of substances in hazard category De minimis limits % in waste Acute Class 1 25 Acute Class 2 25 Acute Class 3 25 Chronic Class Chronic Class Chronic Class 3 25 Chronic Class 4 25 In addition to the de minimis limits in Table 2, there may be specific limits for the content in waste of specific high priority substances as POPs. PCB is among the presently identified POPs. A de minimis limit for PCB has been fixed at 50 mg/kg (Basel Convention, Annex VIII). A waste that contains highly toxic components classified as Chronic Class 1 (e.g. a pesticide) may be hazardous at levels below the de minimis limits presented in Table 2. It is recommended that the concentrations of highly toxic components be multiplied by an appropriate multiplying factor. The multiplying factors to be applied to these components are defined using the toxicity value, as summarised in Table 3 below. Table 3 Multiplying factors for highly toxic components classified as Chronic Class 1. Based on OECD (2001). L(E)C 50 value Multiplying factor (M) 0.1 < L(E)C 50 = < L(E)C < L(E)C < L(E)C < L(E)C (continue in factor 10 intervals) Table 4 De minimis limits for mixtures of hazardous substances in wastes. The waste is classified as H12: Ecotoxic if the sum of the concentrations of the individual hazardous substances belonging to the classes: Chronic 1, 2 or 3 exceeds the criteria in the table. The concentrations of substances are in percentages of the dry weight of the waste. Sum of substances belonging to different hazard categories (100 x ΣChronic Class 1) + (10 x ΣChronic Class 2) + ΣChronic Class 3 de minimis limit 25% 14

20 Example 1 Waste type: Waste containing the pesticide dieldrin in a concentration of 0.005%. Step 1: Initial assessment based on Annex VIII and Annex IX of the Basel Convention The waste is hazardous according to Annex VIII, A4030: Wastes from the production, formulation and use of biocides including waste pesticides and herbicides, which are offspecification, outdated, or unfit for their originally intended use. Step 2: Assessment based on the content of hazardous chemicals in the waste In the EU, dieldrin is classified: R50/53: Very toxic to aquatic organisms, may cause longterm adverse effects in the aquatic environment. Dieldrin is very toxic to aquatic organisms with LC 50 values for the most sensitive species at levels from 1-10 µg/l (Verschueren 1997). In addition, the substance is persistent to degradation and able to bioaccumulate significantly in aquatic organisms (BCF > 500). Hazard category (Table 1): Dieldrin falls within Chronic Class 1. Multiplying factor (Table 3): M = 100 (0.001 < L(E)C ) Concentration in waste (% w/w): 0.005% Corrected concentration by use of multiplying factor: %w/w M = 0,005% 100 = 0,5 % de minimis limit (Table 2): Chronic Class 1: 0.25% Conclusion: The waste is hazardous. Reference: Verschueren (1997). Handbook of Environmental Data on Organic Chemicals. 3rd Edition on CD-ROM. Van Nostrand Reinhold. Example 2 Waste type: The waste contains the following mixture of hazardous components: 1,10-Phenanthroline o-anisidine 2,4-Di-isocyanatotoluene 0.13 % w/w 0,6 % w/w 0.9 % w/w Step 1: Initial assessment based on Annex VIII and Annex IX of the Basel Convention The waste is hazardous according to the Basel Convention Annex VIII, 4070: Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B, B4010) 15

21 Step 2: Assessment based on the content of hazardous chemicals in the waste 1,10-Phenanthroline has the EU classification: R50/53: Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment. The substance is toxicity to aquatic organisms at levels between 0.1 and 1 mg/l and is not readily biodegradable. o-anisidine has the EU classification: R 51/53: Toxic to aquatic organisms, may cause longterm adverse effects in the aquatic environment. The substance has a medium toxicity to aquatic organisms and is not readily degradable. 2,4-Di-isocyanatotoluene has the EU classification: R 52/53: Harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment. According to Table 1, the compounds belong to the following hazard categories: Hazard Category (Table 1): 1,10-Phenanthroline Chronic Class 1 o-anisidine Chronic Class 2 2,4-Di-isocyanatotoluene Chronic Class 3 Concentration in waste (% w/w): 1,10-Phenanthroline 0.13 o-anisidine 0.6 2,4-Di-isocyanatotoluene 0.9 Multiplying factor (M) (Table 3): 1,10-Phenanthroline 1 o-anisidine Not applied 2,4-Di-isocyanatotoluene Not applied Corrected concentration by use of multiplying factor: M=1 for 1,10-Phenanthroline and does not influence assessment of the mixture. Multiplying factors are only applied for substances in Chronic Class 1. The content in waste of the individual substances above will not lead to a classification as hazardous according to the proposed de minimis limits presented in Table 2. The combined hazard from these substances may, however, according to the de minimis limits for mixtures presented in Table 4 lead to a classification of the waste. 16

22 de minimis limit (according to Tables 2 & 4): Example 3 OECD Haz. cat. Conc. % w/w Factor 1 Weighted concentration de minimis. 1,10-Phenanthroline Chronic o-anisidine Chronic ,4-Diisocyanatotoluene 1 Chronic Sum 19.9 >25 No 1 Factor: the factors used in Table 4 for mixtures of substances in Chronic Classes 1, 2 and 3. Conclusion: The waste is not hazardous according to the proposed criteria. H12?

23